Relating To Access To Treatment For Terminally Ill Patients.
The enactment of SB2023 would amend Chapter 321 of the Hawaii Revised Statutes to facilitate access to investigational medical treatments for terminally ill patients who have exhausted all available options. By defining 'eligible patients' based on specific criteria, the legislation seeks to balance patient autonomy and safety by ensuring that only those truly in need can access these emergency treatments. Additionally, health insurers may cover some costs related to these treatments, although they are permitted to deny coverage for costs incurred during the investigational drug usage period.
SB2023, known as the Right-to-Try Act, is a legislative proposal designed to provide terminally ill patients in Hawaii with access to investigational drugs and biological products that have not yet gained final approval from the United States Food and Drug Administration (FDA). The bill recognizes that the lengthy FDA approval process may not be suitable for patients facing terminal conditions who require immediate treatment options. The passing of this bill would allow manufacturers to offer their investigational drugs to eligible patients, either free of charge or at the patient's expense, beginning on January 1, 2025.
While the bill is primarily aimed at expanding patient options in dire circumstances, notable points of contention revolve around potential implications for healthcare providers and insurance companies. The bill includes provisions that would protect healthcare providers from losing their licenses based on recommending investigational treatments to patients, which some fear might encourage the misuse of medications. Moreover, allowing patients to sign off on comprehensive waivers regarding costs and liabilities raises concerns about the ethical responsibility of healthcare providers in guiding vulnerable patients toward high-risk treatment alternatives.